CHECKLIST

1) Personal Jurisdiction
a. Statutory
b. Constitutional
2) Notice (Service) 4
3) SMJ 1331, 1332, 1367, 1441/46/47
a. Diversity, FQ, Supplemental, Removal
4) Venue 1391, 1404/06
5) Erie Doctrine
6) Pleadings 8, 11, 12, 15
a. Complaint
b. Response
c. SLIME
7) Joinder 13, 14, 18, 19, 20, 22, 24, 25
a. Claim J, Counter-Claim, Cross-Claim,
Permissive Party J, Compulsory J,
Impleader, Intervention, Impleader,
Class Action
8) Discovery 26, 30/31, 33, 34, 35, 36, 37
a. Reqd Disclosures, Tools, Scope
9) Pre-Trial Adjudication 41, 12, 56
a. Voluntary/Involuntary Dismissal,
12(b)(6) Dismissal, Summary
Judgment
10) Trial 50, 59
a. JMOL, RJMOL, New Trial
11) Preclusion Doctrines

PERSONAL JURISDICTION
General Jurisdiction
1) D has continuous and systematic
contacts with the forum
Specific Jurisdiction
1) Served with process in forum
2) Ds agent is served with process in the
forum
3) D is domiciled within the state
4) Consents to PJ
Statutory Test
1) Is there a Long-Arm Statute?
a. If w/in 100m of ct. if joined under 14
or 19
2) Is there a statute that allows PJ over
those that commit torts?
a. Where manufactured vs. where
injured
Constitutional Test
1) Burnham Split Decision
a. traditional basis of presence
(Pennoyer) is enough for PJ
b. Traditional AND International Shoe is
necessary (OConnor)
International Shoe
1) Minimum Contacts
a. Purposeful Availment
i. Reached out to forum in some way;
invoked benefit and protection of
laws
b. Claim arose from contact in forum
c. Need more than Stream of Commerce
i. Intent to serve forum (i.e.,
advertising/designing product)
d. # of contacts vs. quality of contacts
i. Cannot be based on purchases and
sales; physical presence
2) Fair Play and Substantial Justice
a. Foreseeable: reasonably expected to be
hailed into ct.
b. Burden on D to show
inconvenience/difficult
c. D burden, st. interest, legal systems
interest, shared substantive policies
Electronic
1) If actively attack = PJ
2) Passively in market PJ
In-Rem
Attaching property as basis for PJ; must do at
beginning

NOTICE RULE 4
Served by person non-party at least 18
Must be served w/in 120d w/ process:
summons + complaint
Serving an Individual
1) Personal Service
2) Substituted Service
a. Dwelling/usual place of abode
b. Suitable age/discretion that resides
there
3) Serve Ds agent
Serving a Corporation
1) Officer or managing or general agent
Ct. can serve however/wherever a st. ct. can
Waiver of service
1) P can request D waive service
2) D must have good reason to not waive or
else pays cost
3) If waived = 60d to respond to complaint
instead of 21d
Notice must be reasonably calculated to
inform D newspaper = last resort

SMJ
(assess for everything!)
Diversity Jurisdiction 1332
1) Complete Diversity Rule (Const.: min.
diversity = OK) P D citizens of same
state
2) Diversity of Citizenship (test when filed,
changes later OK)
a. Individual: US citizen and where
domiciled
i. Physical presence in state + Intent
to remain
b. Corp: dual citizenship PPB (nerve
center) + st. of Incorp.
3) Amount in Controversy >$75K
a. Cannot aggregate if multiple parties
unless join claims
Federal Question Jurisdiction 1331
1) Case arises from Fed. CoA
2) Well-Pleaded Complaint Rule
a. Is the Cause of Action st. or fed.?
i. If fed. = FQJ, If st. = go to (b)
b. St. CoA incl. fed. ingredient?
i. No = no FQJ, Yes = FQJ
c. Matter of fed. concern?
i. Actually disputed/substantial?
ii. Affect balance b/w fed. & st.?
Supplemental Jurisdiction 1367
1) Does 1367(a) grant SJ?
a. Yes if claim arises from same
case/controversy
b. Unless (b)
2) 1367(b) takes away SJ
a. Only in Diversity cases
b. Claim by P against party joined by R:
14, 19, 20, 24
c. Claims by R 19 Ps
d. Claims by R 24 Ps
Removal 1441, 46, 47
1) All Ds must agree
2) D cannot remove if it's a diversity claim
in state of citizenship
3) D has 30 days to remove
4) Lawsuit is removed to embracing fed. ct.

VENUE
Venue in Div/non-Div cases 1391
1) Dt. where any D lives if all D in same
state
2) Dt. where substantial part of event
occurred
3) If neither available
a. Div: dt. where any D is subject to PJ
b. non-Div: dt. whre any D can be found
4) Corp. resides anywhere PJ when action
occurred
Transfer where there is PJ over D
1404 initial venue is proper
1) Take transferor ct.s laws
2) Convenience of parties, witnesses, and
interest of justice
1406 initial venue is improper/no PJ
1) Take transferee ct.s laws
2) Only transfer where PJ/app. venue
3) Ct. can dismiss/transfer
Forum Non Conveniens
1) Properly filed but the ct. dismiss b/c
more appropriate venue
a. A factor of convenience
2) Transfer is not available b/c its not
possible

ERIE DOCTRINE
Rule: fed. ct. should apply st. substantive law
1) Is there conflict between st. and fed.
law?
2) Is there a valid fed. rule on point? (REA)
a. Yes: use fed. procedural law
3) If no: greater strength in st. or fed.
interest? If no overriding, apply st.
a. Twin Aims: forum shopping &
inequity b/c of citizenship
b. St. law is bound up w/
rights/obligations of parties
c. Constitutional interest/fed. cts operate
own cts.?

PLEADINGS
Complaint RULE 8
1) Grounds for SMJ
2) Short/Plain statement of the claim
a. Twiqbal: P must plead facts
supporting a plausible claim;
b. Factual allegations as true; fraud
needs more facts
c. Judge uses judicial xp and common
sense
3) Demand for relief sought
Response RULE 12
Within 21d, unless waived = 60d (Rule 4)
Methods of Response
1) Motion to Dismiss (RULE 12(B))
a. Defenses
i. Lack of SMJ
ii. Lack of PJ
iii. Improper Venue
iv. Insufficient process-problem w/ doc
v. Insufficient service of process-not
properly served
vi. Failure to state a claim
vii. Failure to join party under RULE 19
b. Rules
i. 2-5 must be put in first response or
waived
ii. 6-7 raised at any time during trial
iii. 1 is never waived
c. Answer
i. Must respond to claim
1. Admit, deny, or lack of knowledge
ii. Aff. defenses (RULE 8): raise new
matter or inject new fact (SOL)
1. If you don't plead defenses you
risk losing them
SLIME Rule 11: sanctions; signed pleadings
(Stupidity, laziness, ignorance, malice,
evasion)
Amended Pleadings RULE 15
1) P can amend 1 before D response
2) D can amend 1 w/in 21d of answer
3) If no right to amend, ct. may let you

JOINDER
Claim Joinder by P RULE 18
1) P can join all the claims (SMJ..)
Counter-Claim RULE 13(A), (B) meets SJ
1) Compulsory 13(a)
a. Against opposing party
b. Same T/O
c. Must assert or waive
2) Permissive 13(b)
a. Can state any claim against opposing
party
Cross-claim RULE 13(G)
1) Against co-party
2) Same T/O
3) SMJ if no SJ
Permissive Party Joinder/Proper Parties
RULE 20(A)
1) Parties joined as Ps/Ds if
2) Assert right to relief that arises from
same T/O or series of T/O
3) At least one common q
Compulsory Joinder/Necessary &
Indispensable Parties RULE 19
Necessary
1) No complete relief w/o absentee
2) Absentee interest be harmed
3) Absentee interest subject D to
multiple/inconsistent obligations
Joinder feasible?
1) If PJ/venue; no effect on Div J
a. Yes: bring in
b. No: proceed w/o or dismiss
c. Factors in dismiss (19(b)); most imp:
will P have remedy?
2) If ct. dismiss =party indispensable
Impleader RULE 14
1) TPD may be liable for all/part Ps claim
against D
2) 14(a)(3) P sues TPD or TPD sues P
Intervention RULE 24
1) Right: absentee interest harmed if not
joined; interest not represented now
2) Permissive: absentee claim/defense has
at least 1 q in common w/ case
Impleader RULE 22
Dispute over property; force claimants into
single case
Class Action RULE 23
Pre-reqs
1) Numerosity
2) Commonality
3) Typicality
4) Adequacy
Types: #3 most imp: common q predominate
individual questions; class is superior method
to resolve suit
Notice: class rep must give notice to all
members reasonably ID-able
SMJ: look @ rep, $ = aggregate

DISCOVERY
Required Disclosures RULE 26
1) Initial disclosures
a. ID ppl w/ discoverable info
b. Descrip. of documents @ trial
c. P give damages estimate
d. Opposing party inform insurance
2) Experts
a. If going to use need to provide more
info (90d before trial)
b. Hired for testimony (everything
discoverable, except drafts)
c. Retained for trial consult (work
product)
d. Informally consulted (no discovery)
3) Pretrial Req. Disclosure: have to say
what youre gonna say (names of
witnesses, list of docs/exhibits)
Discovery Tools
1) Deposition RULE 30/31
a. Oral testimony/sworn
b. Can give non-party w/ R45 subpoena
2) Interrogatories RULE 33
a. Written qs answered under oath
3) Request to Produce RULE 34
a. Written request for access to
docs/records/physical evidence
4) Medical Exam RULE 35
a. Ct. order req. party only
5) Request for Admission RULE 36
a. Force other party to admit/deny
discoverable material or else sanctions
b. 30d to admit or admission
Scope of Discovery
1) Standard: RULE 26(B)(1) discover
anything relevant to claim/defense
2) Privileged Material = nondiscoverable
(A/C priv waived if in presence of 3rd
person)
3) Work Product RULE 26(B)(3)
a. Prepared in anticipation of litigation
b. Not discoverable, except
i. Substantial need
ii. Info no longer available
c. Opinion work is NEVER discoverable
Responding to Discovery requests RULE 26
(Objections; Motion to Quash), RULE 37
(Motions to Compel)
Discovery Sanctions RULE 37

PRE-TRIAL ADJUDICATION
Voluntary Dismissal RULE 41
1) Stipulation of Dismissal by parties
2) Ct. order
3) P dismiss w/o prejudice 1x by notice of
dismissal before D response
Involuntary Dismissal RULE 41
W/ prejudice if ct. decides; happens if P fails
to move forward/fail to prosecute; D can move
for dismissal
RULE 12(B)(6) Dismissal
1) Ct. not look at evidence
2) If claim true would P win? If no dismiss
Summary Judgment RULE 56
1) Ct. looks at evidence, moving party must
show
a. No dispute of material issue of facts
b. Entitled to JMOL
2) Evidence provided by parties
a. Evidence acquired under oath
b. Not include pleadings
3) Can file at any time except 30d after
close of discovery

TRIAL
Right to Jury Trial (7thAmend) for law not
equity, Test
1) Claim analogous to claim in 1791
2) Focus on remedy: legal = $, equity =
giving back/injunctive
Rules
1) Decide issue by issue
2) If issue of fact is law & equity, get jury
3) Jury issues are first (generally)
Motions
JMOL RULE 50
1) If a reasonable jury could only come out
way; insufficient evidence to support
jury verdict
2) Must be a motion
3) Only motion after opposing party pleads
case
Renewed Motion for JMOL (RJMOL)
1) Original JMOL denied
2) Jury returns verdict/ct. enters judgment
then RJMOL for moving party
3) If NO reasonable jury could reach that
verdict; against great weight of evidence
4) =JNOV
Motion for New Trial RULE 59(A)(1)
1) After verdict
2) Errors @ trial, judge wants to start de
novo can be sua sponte abuse of
discretion/jury verdict against great
weight of evidence
3) Less drastic than RJMOL b/c not
displacing a win

PRECLUSION DOCTRINES
Claim Preclusion
One case to vindicate claim
1) C1/C2 same claim (Transactional Test)
a. Minority view: primary rights = diff
claim per right invaded
2) C1/C3 same claimant v. same
D/privity/configuration
3) C1 on valid final judgment on merits
Issue Preclusion (mostly to losing party)
1) Issue previously litigated/determined
2) Issue essential to judgment in C1
3) C1 on valid final judgment on merits
Mutuality not reqd
Defensive: new D v. old P from C1, OK if P
had full chance to litigate
C1: P sues D1, P loses. C2: P sues D2, D2
pleads IP to bar re-litigation
Offensive: new P v. old D from C1
1) Losing D had chance to litigate
2) D foresaw other claims
3) New P couldnt join easily in C1
4) No inconsistent judgments
C1: P1 sues D, D loses. C2: P2 sues D. P2
invokes IP to establish losing issue from C1
in C2 against D.